Slashdot Mirror


The Text Message Typo That Landed a Man In Jail

Barence writes "A British man was jailed for 18 months for accidentally sending an explicit text message to his entire address book. 24-year-old swimming coach Craig Evans intended to send a text message to his girlfriend asking her for sex. Instead, the message was accidentally sent to his entire BlackBerry address book, including two girls, aged 13 and 14, from his swimming class. He was subsequently arrested and charged with 'causing or inciting a child to engage in sexual activity,' and – incredibly – jailed for 18 months at Birmingham Crown Court in July. Yesterday, an appeal's court freed Evans, although he wasn't cleared — the sentence was merely reduced to a nine-month suspended jail term."

130 of 547 comments (clear)

  1. I can only assume by second_coming · · Score: 4, Funny

    that it must have been a jury made up of 12 Daily Mail readers.

    1. Re:I can only assume by aliquis · · Score: 2

      Rather cool excuse if it had worked though.

    2. Re:I can only assume by Anonymous Coward · · Score: 4, Funny

      Piece (of ass) be upon him.

    3. Re:I can only assume by bjourne · · Score: 2, Insightful

      All operators log text messages so it would be trivial to see if his story checks out or not.

    4. Re:I can only assume by Anonymous Coward · · Score: 2, Insightful

      No, we sent you our scum and religious nutters. The only freedom they wanted was to persecute people of other faiths.

    5. Re:I can only assume by nibbles2004 · · Score: 5, Funny

      hmmm, the religious fundamentalists went to America, and the convicts to Oz, all we got left with was Charles Darwin and Alan Turing

    6. Re:I can only assume by Xest · · Score: 2, Interesting

      That's not the point, it looks like he really did send them to everyone.

      The point is that it offers him plausible deniability as a fishing expedition - send it out and if one of the teen girls replies then he's got what he wanted, if they don't and he gets reported, he can pretend it was all an innocent mistake because hey look, he even sent it to family members, so it must have been unintentional right?

    7. Re:I can only assume by sumdumass · · Score: 2

      The law probably is specific and doesn't take intent or mens rea into consideration outside of X is illegal, is this X for the less obvious ways to approach someone for sex.

      It may be that the jury had nothing to say in the matter other then he was behind the messages. WE have a few laws like that in the US. Mostly, they are trivial laws like driving a motor vehicle without valid registration.

      http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/s10_causing_or_inciting_a_child_to_engage_in_sexual_activity/

      It appears if he didn't say skin on skin, or name any genitalia, he would have gotten community service at the first hearing.

    8. Re:I can only assume by TheCRAIGGERS · · Score: 5, Insightful

      Rather cool excuse if it had worked though.

      If only there was some way of verifying his story... like looking through the texting logs from his carrier.

    9. Re:I can only assume by flaming+error · · Score: 4, Interesting

      Your plausible deniability story sounds possible.

      For use as a bizarre story plot in a tv crime drama.

      But this is reality, where simpler explanations are more likely explanations. Where people are generally decent and compliant with social norms, and those rare few who aren't try not to broadcast it to everyone they know.

    10. Re:I can only assume by Xest · · Score: 4, Insightful

      Neither of those things are strange to be fair. He was their coach and it's not unusual here for the coach to do that sort of thing to tell them when lessons will be or to let them know he wont make it or whatever.

      As for having a phone, well, this is the UK, most kids now seem to have a mobile phone by about the age of 5.

    11. Re:I can only assume by Antipater · · Score: 4, Funny

      Keep in mind that the best and brightest of England left to make their fortunes in the colonies long ago. The ones that stayed behind were, well, the "special" types.

      Hey, someone had to sanitize the telephones and look at moodily-lit photos of toothpaste.

      --
      Everything is better with chainsaws.
    12. Re:I can only assume by Anonymous Coward · · Score: 5, Funny

      Alan Turing. Who you chemically castrated for being gay. You really want to go down ths road?

    13. Re:I can only assume by Anonymous Coward · · Score: 4, Funny

      We don't have any pedophiles, all of ours are spelt correctly.

    14. Re:I can only assume by Flytrap · · Score: 4, Insightful

      Given that nearly every member of his family also received the message, it is very unlikely that he had intended to solicit sex from all the recipients, “skin on skin”. Remember, if the prosecution accuses him of “causing or inciting a child to engage in sexual activity,” they have to prove their case, not the other way around. That is what "innocent until proven guilty" means.

      Clearly he did send the message, which is why he could not be exonerated from the crime that he was accused of... However proving intent was always going to be an uphill battle given how indiscriminately wide his message went.

      I think that Judge Elias' conclusion that “it is difficult to conclude that he was targeting anyone” is the only reasonable conclusion (unless you have evidence that the prosecutors did not have).

    15. Re:I can only assume by Anonymous Coward · · Score: 2, Insightful

      Actually you can. You simply don't have to in this situation.

      The law in question probably doesn't make any exceptions for an *accidental*, or *unintentional* solicitation. Simply sending the message to the under-age target, even by mistake, is likely enough to trigger the law. At least in the US, judges and lawyers spend a *lot* of time convincing the jury that they have to apply the law as written, regardless of common sense (even though that isn't actually true [see jury nullification]). I suspect it's the same elsewhere as well.

    16. Re:I can only assume by Nadaka · · Score: 5, Insightful

      Or the jury were raging retards.

    17. Re:I can only assume by tmosley · · Score: 5, Interesting

      I would bet if he had accidentally killed those two girls with his car, he would have gotten less jail time.

    18. Re:I can only assume by tmosley · · Score: 2

      When were gays ever lynched in America?

      Or is cattle rustling a euphemism for gay sex that I have never heard of before?

    19. Re:I can only assume by X0563511 · · Score: 4, Insightful

      Leaving the question hanging in the air: why was he convicted at all? This should have been thrown out and laughed at the moment someone tried to press charges.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    20. Re:I can only assume by Xest · · Score: 2

      Well again, that's exactly the point here isn't it? It wasn't the jury verdict alone that determined guilt and a custodial sentence, the appeals judge also felt he was guilty enough to deserve a custodial sentence, albeit a slightly shorter, and suspended one taking into account the fact he'd already done 3 months.

      The guy has made his way through a lot of the judicial safeguards (the police feeling strongly enough about the case to pass it to the CPS, the CPS feeling they have enough evidence to prosecute, the jury determining guilt, and the appeals judge determining guilt) and not only been found guilty, but guilty with compelling enough evidence for two independent judges to decide on a custodial sentence.

      I agree people deserve further safeguards than just trial by jury, but this guy has had exactly that, and still been found guilty.

    21. Re:I can only assume by Minwee · · Score: 3, Funny

      FACT: Half of the women you encounter (unless you're a REALLY poorly groomed neckbeard) will have consenting, spontaneous sex with you. You just got to approach them with some confidence. They sure as shit won't approach you. You can think society and its frequent use of the word "slut" for that.

      Clearly, you don't work in the same elementary school that I do.

    22. Re:I can only assume by Chrisq · · Score: 4, Funny

      Given that nearly every member of his family also received the message, it is very unlikely that he had intended to solicit sex from all the recipients,

      Unless he was a real motherfucker

    23. Re:I can only assume by donscarletti · · Score: 3, Informative

      http://en.wikipedia.org/wiki/Mens_Rea>Mens Rea is required for all crimes.

      --
      When Argumentum ad Hominem falls short, try Argumentum ad Matrem
    24. Re:I can only assume by ZeroSumHappiness · · Score: 5, Insightful

      Cop 1 to Cop 2: "So, uh, do you think this should be prosecuted?"
      Cop 1, thinking: "Damn, I hope Joe doesn't think I'm a pedo for suggesting this might not be worthy of prosecution."
      Cop 2, thinking: "Damn, Pete will think I'm a pedo if I don't say yes."
      Cop 1 and Cop 2 in nervous unison, "Uh, yeah."

      CPS agent being passed the case from Pete and Joe, thinking: "Well, this must be an honest mistake, right? But I'll lose my job if it's not."

      Prosecutor to jury, "You're a pedophile lover if you don't think that sending gross text messages to children is wrong."

      Juror 1 to others, "Uh, yeah, I'm not a pedo, so I can't condone this behavior."
      Juror 4, thinking: "If I say no they'll all think I'm a pedo. Gotta vote guilty. Maybe someone else will stand up for him."

      Judge, thinking: "If I don't throw the book at a convicted pedo I'll look like an asshole..."

      Appeals judge, thinking: "Well, Judge Green and a jury found him guilty. I'll look like a pedo asshole if I don't uphold. At least I can give him a break and suspend the sentence, right?"

      Slashdot: "How the hell could this possibly happen? Obviously an honest mistake, right?"

    25. Re:I can only assume by lxs · · Score: 2, Insightful

      For the country that really made the enlightenment a reality

      Do you mean France or the US? Because in Britain both the monarch and the clergy are still in power.

    26. Re:I can only assume by readin · · Score: 2

      For the country that really made the enlightenment a reality

      Do you mean France or the US? Because in Britain both the monarch and the clergy are still in power.

      Really? Is that why HHS is taking away the freedom of religion as soon as you decide to hire someone? Do yo really think the Queen is "still in power"?

      --
      I often don't like the choices people make, but I like the fact that people make choices. That's why I'm a conservative.
    27. Re:I can only assume by Anonymous Coward · · Score: 3, Interesting

      http://en.wikipedia.org/wiki/Mens_Rea>Mens Rea is required for all crimes.

      I don't know about the UK, but in the US this is patently untrue. This is a lot of panicked law research suggesting that well over two thirds of our criminal laws now required no intent (aka mens rea) to convict.

    28. Re:I can only assume by multipartmixed · · Score: 2

      I believe statutory rape in most jurisdictions requires the intent to have sex.

      --

      Do daemons dream of electric sleep()?
    29. Re:I can only assume by atriusofbricia · · Score: 4, Insightful

      Yet he was found guilty meaning the jury obviously felt there was enough evidence to convict.

      You can't suggest there is a more simple explanation when it suits you and ignore it where it doesn't.

      The most simple explanation in this situation was that he was in fact trying to groom the kids and that the jury felt there was enough evidence to that fact to convict, hence why he was convicted for it.

      So you're really suggesting that someone came up with the bizarre plan of texting every single person they know to attempt to "groom the kids" on a mere hope that it would work? Seriously? What's the best case (for him) scenario here? It works, the gets the girls but then has to explain the mistake over and over again to everyone he knows and likely hearing about it for years after?

      That's simpler to believe than he accidentally sent it to everyone when meaning to send it to one person? Really?!

      While admittedly not knowing if they do this in UK courts, a far simpler explanation is that the judge explained the law to the jury in such a manner that it invalidated the explanation of the accused (sending such a message to a sub-legal girl is illegal no matter what for instance) and they convicted on that alone.

      Either that or this guy just came up with the most complicated method to attempt to contact young girls for sex ever. Since they were in his swimming class, wouldn't it be a million times easier to just talk to them in private sometime there? With no evidence laying around?

      --
      I was raised on the command line, bitch

      "Nemo me impune lacesset"

    30. Re:I can only assume by binary+paladin · · Score: 2

      The intent to have sex, particularly if you have every reason to believe the other party is of legal age is in no way criminal intent. If you specifically intended to have sex with someone you knew was underage, that would be criminal intent. For some crimes, like statutory rape, the intent doesn't matter—only the act. If a girl shows you a fake ID and you believe her to be of legal age and have sex with her and she's not, you can still be prosecuted in a lot of jurisdictions.

    31. Re:I can only assume by binary+paladin · · Score: 2

      I should have just linked this: http://en.wikipedia.org/wiki/Strict_liability_(criminal)

      It's linked from the Mens Rea page in the first paragraph: "The exception is strict liability crimes."

    32. Re:I can only assume by scot4875 · · Score: 5, Informative

      When were gays ever lynched in America?

      Seriously? I lived in a small college town of about 30k and while I was growing up, there were *two* openly gay guys that ended up either dead or just disappeared.

      Perhaps you're just trying to nit-pick that technically, most gays don't get lynched -- they just get murdered by one person, a la Matthew Shepard -- but the end result is about the same. And no, it's nowhere as prevalent as the lynchings of black people in the south ... but just because it isn't as bad or as visible, doesn't mean it should be ignored.

      --Jeremy

      --
      Jesus was a liberal
    33. Re:I can only assume by ShanghaiBill · · Score: 4, Insightful

      Then there's the question of why he had 13 and 14 year old girls' in his blackberry.

      Why not? I have more than a dozen phone numbers for 13-14 year old girls in my cellphone. They are my daughter's friends, and I occasionally carpool them home from school, or need to find them at a mall, or whatever.

      Then there's the question of why a 13 or 14 year old even has a phone

      So they can call people. My daughter has had her own cell phone since she was eight. In addition to the convenience, it is a matter of safety. If she is ever lost or in an uncomfortable situation, Dad is just a button push away. She is not allowed to leave the house without it. Why would any 13 or 14 year old not have a cell phone?

    34. Re:I can only assume by GodfatherofSoul · · Score: 3, Interesting

      We had a rich kid here in town who killed a pedestrian and fled the scene (probably a DUI) and ended up with a month in the slammer.

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    35. Re:I can only assume by scot4875 · · Score: 4, Insightful

      What the people in positions of power do have very little correspondence with what they *should* do.

      We have kids here in the US getting put on the sex offender registry for creation and distribution of child pornography because their boy/girlfriends sent them naked pictures of each other. And the judges and prosecuting attorneys feel that this is a perfectly rational, reasonable thing to do -- to destroy these kids' lives before they're even out of high school to so that they can be protected from themselves.

      An appeal to the authority of the judge isn't a terribly convincing argument.

      --Jeremy

      --
      Jesus was a liberal
    36. Re:I can only assume by ObsessiveMathsFreak · · Score: 5, Funny

      You obviously read Kafka as fiction, yes?

      --
      May the Maths Be with you!
    37. Re:I can only assume by Mike+Buddha · · Score: 2

      Them Englishmen really don't like their accused pedophiles.

      Fixed that for you. Why don't they just burn accused pedophiles and be done with this pretense?

      --
      by Mike Buddha -- Someday the mountain might get him, but the law never will.
    38. Re:I can only assume by Mike+Buddha · · Score: 3, Insightful

      Lynching is a form of communication. If someone dies, even myseriously, or simply disappears, there is no specific message sent. Plausible denability is preserved, and ambiguity remains. A lynching sends a very explicit message from a community regarding some perceived threat.

      --
      by Mike Buddha -- Someday the mountain might get him, but the law never will.
    39. Re:I can only assume by Anonymous Coward · · Score: 2, Informative

      When were gays ever lynched in America?

      1998: http://en.wikipedia.org/wiki/Matthew_Shepard

    40. Re:I can only assume by Belial6 · · Score: 4, Insightful

      Exactly. More kids need phones than adults. I got my kid his first cell phone at 4. It's a good thing too since on a trip to Disneyland, he found an exit from the Tom Sawyer's caves that my wife and I didn't know about. The fact that I was able to receive a call from him saying "I'm outside and I don't see you." made the difference between a fun family vacation with a memorable story and a horrific trip where we spent a good portion of the time with park security hoping that we will see our child again. Asking what a kid needs a cell phone for makes about as much sense as asking what they need seat belts for.

    41. Re:I can only assume by Anonymous Coward · · Score: 2, Funny

      they have to prove their case, not the other way around. That is what "innocent until proven guilty" means.

      Isn't this guy in England? I thought the English system was guilty until proven innocent...

    42. Re:I can only assume by ZeroSumHappiness · · Score: 3, Insightful

      Honestly? Whenever the topic comes up and I defend innocence until proven guilty or that convicted sex offenders should be allowed to live a life where they are not constantly persecuted I /do/ worry that others will see me as defending the pedos and vilify me for it.

    43. Re:I can only assume by TheCarp · · Score: 2

      Well multiple incidents yes, but theres multiple incidents of everything in a large enough area. Don't get me wrong, gays have had it bad in many ways, but actual murder has been rare.

      My assessment is this... most people don't care and never did. In fact, if you look at the few studies on the subject, have found that non-gay males (specifically) fall into two groups. The largest group indicates that other people's gayness is not a big deal to them, whether they approve of it or not. The smaller group has strong negative feelings about gay people, hates them, blames social problems on them etc.

      When shown explicit images of gay sexual activity, the first group showed no serious reaction, and did no erection was measured. The second group, the people who really have a problem with homosexuals. Not only did most of them get erections, but in post session interviews, denied it.

      One thing I have noticed is that these, violent closed gay homophobes (which I think turns out to be an appropriate term), definitely did seem to teach most people, early on, to at least pretend to dislike homosexuals and reflexively deny being one.

      I have met a few people who made comments about how the thought of men having sex disgusted them. As a teenager, I always thought that odd because, being straight myself, the thought of men having sex never crossed my mind at all until someone like him brought it up... even so it was never hard to conjure up the images.... it never really made sense why it bothered them so much. Now, well, it makes a lot more sense.

      Anyway, In another post it was said lynching is communication, but its not just to the lynched person, its to anyone who speaks out for them. That goes for many forms of violence, whether the communication is 100% intended or not, that is the message sent, and most people learn fast.

      --
      "I opened my eyes, and everything went dark again"
    44. Re:I can only assume by Damouze · · Score: 2

      I can only assume you were being sarcastic here, but just in case you were not:

      "It's pretty blatantly obvious why he was convicted. He texted kids saying he wanted sex. Absolutely any other evidence whatsoever is irrelevant, and can be disregarded. Someone somewhere either spouted or thought of the phrase 'Think of the children', so he was strung up by the courts for all to see the horrible pedophile that he obviously is."

      Het texted his girlfriend he wanted to have sex with her, in very explicit terms. By accident this text message was sent to everyone on his contact list, including two minors.

      The first, in itself, is not a crime. We would probably shrug off the second as a foolish mistake, were it not for the last part where the explicit test message also ended up in the inboxes of two of his (underage) pupils. This last part could only be considered a crime if they had been the intended recipients of the text message. With the information at hand, one could only conclude that he should not have been convicted in the first place and should at worst have been asked to apologize to the people in his contact list, especially the pupils that got these messages by accident, their parents, and his girlfriend.

      Instead, this guy was convicted to 18 months in prison (although this sentence was later reduced to a nine months suspended sentence, time served, by the appeals-court) and added to the sexual offender's registry. In other words: his life is over. His chances of ever finding a job are greattly reduced, he will never be allowed to work with children again, you name it. In essence he will become a social pariah.

      Why? Because some overzealous lawmaker decided that regardless of intent or the actual circumstances, children must be protected to the extent that innocent people get hurt.

      The concept of 'strict liability' is an affront to the concept of 'fair trial'. Its 'victims' have limited to no possibility of legal defense. You are named guilty even if you are in fact only a victim of circumstance. In other words: at best you are guilty until proven innocent, which in turn is an affront to the concept of 'innicent until proven guilty'. The sooner these laws are rescinded and replaced by something that provides a fair trial according to criminal law, the better. In any jurisdiction or civilized nation.

      --
      And on the Eighth Day, Man created God.
    45. Re:I can only assume by overmod · · Score: 2

      You mean your NAMBLA types are hexaploid?

      You must be one of those people who think that the word "encyclopaedia" reflects proper Greek spelling rather than an idiot mistake. The diphthong for the suffix having to do with kids is PAID-, not PAED-, if you are going to be pedantic and stuffy about it.

      Seriously,even if we accept the diphthong 'ae' as correct British English spelling, the American shift to "pedo" is cognate to things like 'hemo' (for haemo) or eco (for oeco) -- I would note that Fowler accepted this without demur as 'correct' English usage in the '20s.

      We will leave aside the false-etymology argument: pes ped- is Latin. Greek, to go with phil-, would be ÏÎÏ...Ï, which even if you 'Americanize' it by whacking out the leading vowel, would transliterate to 'pus' with the combinatorial form 'pod-' To give you an illustration of the American usage, the branch of medicine concerned with children is "pediatrics" -- and that concerned with feet is "podiatry".

      While I am at the forefront of those who think that English would have benefited from retaining things like the thorn and aesc, this is NOT one of those places. I am not going to say that you should not promulgate common misspellings that have become accepted through long usage -- just that you shouldn't nit-pick about their being 'correct' merely for that reason...

  2. I just tried to do this on my Blackberrry by Arab · · Score: 5, Funny

    I can't even figure out how to send a message to all my Blackberry contacts...

    How does one make a mistake like that?

    1. Re:I just tried to do this on my Blackberrry by Anonymous Coward · · Score: 5, Funny

      When you accidently want sex from everyone on your contact list... that is how it happens.

    2. Re:I just tried to do this on my Blackberrry by Arab · · Score: 2

      It depends on how desperate you are. Everyone or anyone?

    3. Re:I just tried to do this on my Blackberrry by Big+Hairy+Ian · · Score: 5, Insightful
      To quote the bard

      A common mistake that people make when trying to design something completely fool-proof is to underestimate the ingenuity of complete fools.

      — Douglas Adams

      The Hitchhiker’s Guide to the Galaxy

      --

      Build a Man a Fire, and He'll Be Warm for a Day. Set a Man on Fire, and He'll Be Warm for the Rest of His Life.

    4. Re:I just tried to do this on my Blackberrry by Inda · · Score: 5, Funny

      I don't know about Blackberry but it's too easy on Android.

      Message recipients > Group > My Contacts > Select all.

      It would be too easy to select the "My Contacts" group or "My Swimming contacts" group, instead of the "My shagging partners" group.

      --
      This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
    5. Re:I just tried to do this on my Blackberrry by Anonymous Coward · · Score: 2, Funny

      I've always liked:
      "Make it idiot-proof, and someone will make a better idiot. "

    6. Re:I just tried to do this on my Blackberrry by Anonymous Coward · · Score: 2, Funny

      obligatory bash.org:
      http://bash.org/?5300

  3. Project seX? by Razgorov+Prikazka · · Score: 5, Informative

    Sounds a little like the ProjetX we had here in Holland. A girl accidentally asked the whole FB community to join her on her birthday-party. She forgot to mention that it was for her friends and family only.
    Thousands gathered in a small village (pop. 20.000), rioted, plundered stores, burned cars, damage ~ 1 million total.
    A quick search on "projectX Haren" should suffice for more info.

    On the guy... that is well inconvenient mate!

    --
    rm -rf --no-preserve-root / ...and let /dev/null sort them out...
  4. Hrm by IamTheRealMike · · Score: 5, Informative

    Only source for this appears to be the Daily Mail, not a publication noted for its accurate reporting. How easy is it to accidentally send a text message to an entire contact list on Blackberries? I've never used a phone that made such a thing possible.

    1. Re:Hrm by hairyfish · · Score: 5, Interesting

      My Bullshit detector went off as soon I read the summary. You can't send a text to all contacts with BB (just checked mine now). The only way to do this is to create a group, add all your contacts, then send a txt to the group. Hardly the sort of thing you would do accidently. Also the Daily Mail is one of those "President Kidnapped by Aliens!" publications. Why we keep getting Daily Mail stories on Slashdot is beyond me. Wake up Slashdot Editors.

    2. Re:Hrm by squiggleslash · · Score: 3, Interesting

      I don't know, but at the same time, if the message didn't go out to a large number of people in his address book, however it happened, I assume we'd not be reading it. So the story may have that detail ("the entire address book") wrong without being wrong, per-se, about the guy's innocence.

      Not having a Blackberry, I can only assume you can easily set up groups of contacts. If girl friend's name is "Samantha", and group name is "Swim team", and they appear next to one another in the address book, then... maybe? Any BB owners here care to comment?

      --
      You are not alone. This is not normal. None of this is normal.
    3. Re:Hrm by Anonymous Coward · · Score: 3, Insightful

      He's a swim coach. He probably frequently sent out mails for events and schedule changes to a large group of people.
      This group probably contained most of his contact list.

      And if he did it frequently, a smart device like a Blackberry (which I don't own, so I can only speculate) might well prioritise higher on autocomplete that group.

      At that point, all that would be required would be carelessness in the heat of the moment...

    4. Re:Hrm by Vintermann · · Score: 4, Informative

      It's much more likely that the Daily Mail made up some details (such as it being a Blackberry, or the guy being a swimming instructor, or the guy having a girlfriend etc.) than that they made up a case like this out of whole cloth and attached it to a picture of a real person.

      --
      xkcd is not in the sudoers file. This incident will be reported.
    5. Re:Hrm by Otter+Popinski · · Score: 5, Funny

      Maybe his girlfriend's name is Swimantha.

  5. Something is fishy by Anonymous Coward · · Score: 2, Interesting

    How do you even send a text message to your entire address book? This sounds more like the guy used some very poor judgement, but I doubt it was accidental.

    1. Re:Something is fishy by CodeArtisan · · Score: 4, Insightful

      How do you even send a text message to your entire address book? This sounds more like the guy used some very poor judgement, but I doubt it was accidental.

      The guy sent the same message to his family members:

      Agreeing and allowing the appeal, Lord Justice Elias said: "The facts of this case are rather unusual...messages reading 'Would you f**k me? Fast or slow? Skin on skin' were sent to every single contact in his phone, including members of his own family."

      So it does seem like a genuine screw up.

  6. Re:Wait, what? by The+Dancing+Panda · · Score: 5, Informative

    He's the swim coach. That's fairly common, for quick updates about practices and meets.

  7. Re:Wait, what? by aliquis · · Score: 3, Interesting

    Yeah clearly if you know how to contact someone underage you're a pedophile.

    Now let the government go through all your contact lists.

  8. Re:Wait, what? by jellomizer · · Score: 2

    Because he was a swimming coach. He probably had their cell and their parents too. To notify them things like when and where they should have their swim meet.

    Unlike say 20 years ago. It is common for a family to have more then 1 phone. And the kid is more resposnible for their information.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  9. Re:Wait, what? by artfulshrapnel · · Score: 2, Informative

    Kids of a friend? Friends of a kid? Nephew/Niece? He needed to give them a ride somewhere once, he's an emergency contact for them, or maybe they friended him on Facebook because he's a buddy of their dad's and around the house a lot, and included their numbers in their profile?

    There's a decent number of reasons that a 30-something normal adult would have the numbers of a few children in their address book. If there were like... 20 children that would start to get weird, but two seems pretty normal especially if there's some logical connection.

  10. Re:Siri: email porn folder to mom by Anonymous Coward · · Score: 2, Funny

    the consequences will never be the same.

    he done goofed. got backtraced.

  11. Re:FTA... by Rooked_One · · Score: 5, Funny

    i agree... fucking mormons...

  12. Re:BlackBerry groupware by aliquis · · Score: 2

    So this is why the stock was up 20% pre-market:
    http://www.marketwatch.com/investing/stock/rimm

    (No it's not.)

  13. From blackberry website by nten · · Score: 4, Informative

    You can send a broadcast message to all contacts in a folder or to individual contacts. Recipients cannot reply to broadcast messages.

            On the Contact list screen, press the Menu key.
            Click Broadcast Message.
            Complete the Announcement field.
            If you have administrator permissions and want to send the broadcast message to all of the users on the server, select the System message check box. Click OK.
            Click Recipients.
            Click a folder.
            Perform one of the following actions:
                    To send the broadcast message to all of the contacts in the folder, select the Select All check box.
                    To send the broadcast message to individual contacts in the folder, select the check box beside the contacts.
            Click OK.
            Click OK.

    That seems hard to do by accident, but at least slightly possible.

    --
    refactor the law, its bloated, confusing and unmaintainable.
  14. Re:Why did he have them in his address book? by artfulshrapnel · · Score: 5, Insightful

    Maybe it's because he was their swimming instructor, and gave them a ride somewhere or something? It's not like he had dozens of minors' contacts lying around and a string of lewd messages to them in his contact history (believe me, the police will have checked with the phone company by now).

    Christ, panic mongers like yourself are the reason children are increasingly living in padded isolation boxes to protect them from big scary reality, and men are terrified to so much as speak to a child lest they be accused of molesting them. It's at the point now where, out of self-preservation, I would drive right by a child alone on the side of the road in the middle of winter. I would not stop to help. Why? Because if god forbid something happened to them later, or they decided to say something about me, the world would ruin my life for the greater good.

    Ask yourself if that's really the best thing for children. For every pedophile you've cowed into hiding (they don't go away mind you, and when they think nobody is looking they're still going to do horrible things) you scare away hundreds or thousands of decent human beings who would help a child in need. Your child is far more likely to be hurt by tripping and falling, getting lost, or eating something dangerous; and if you're not around, you'd best hope there's a woman nearby to help because with this attitude the men will stay the fuck away.

  15. Re:Daily Mail fail by sinij · · Score: 3, Insightful

    >>> If I kill you by accident, that is alright then?

    No, but I don't expect you will get charged with premeditated murder. Intention matters.

  16. Again, the cure is worse than the disease by Damouze · · Score: 4, Insightful

    Obviously (at least if the Daily Mail is to be believed, and I do have some doubts about this), the guy does not belong in jail, nor does he belong on the sex offenders list. The worst that should have happened to him was that he had to apologize to everyone he sent this message to, nothing more, nothing less.

    Negligent? Maybe, but to err is human. All too often these days a simple mistake (whether it be sending the message or buying a Blackberry in the first place) is twisted into something that it simply is not: a crime.

    --
    And on the Eighth Day, Man created God.
  17. Where are they? by Dunbal · · Score: 3, Insightful

    Lawyers are always going on about "intent". So, where are they in this case? Oh wait no "intent" is just another tool used to put you in jail, not to help you get out.

    --
    Seven puppies were harmed during the making of this post.
    1. Re:Where are they? by Anonymous Coward · · Score: 4, Informative

      There must usually be a guilty mind (mens rea) but - and you'll need to check the offence for exactly what's required -

      1. Not always. There are strict or near-strict liability offences, e.g. carrying a knife where the only mindful aspect is knowing that you're carrying it;

      2. Even then, there are loads of other forms of guilty mind: recklessness, knowledge, belief, (criminal) negligence, etc. Recklessness is particularly interesting: as of 2003 this is by default subjective, i.e. you have to show that the defendant knew that there would be a risk of a particular outcome but that he went to take that risk anyway. I might try as follows:

      i) Firstly, show that he knew that it was easy to accidentally send messages to everyone - perhaps easier if he'd set up an "everyone including the kids" contact group.

      i) Secondly, show the guy was in the habit of sending explicit messages to his partner.

      It's like chucking stones around and accidentally hitting a greenhouse. Sure, every young guy thinks he is hot shit and will never fuck anything up, but if he is aware of the risk which comes from fucking up and breaking the greenhouse yet still chucks stones around, he has a guilty mind.

      A 9 month suspended sentence is OK. What is far worse for him is the effect of his criminal record on esp. employment prospects. The law on spent convictions is completely fucked (e.g. sex offender register, enhanced CRB disclosure) and essentially condemns all but the least of criminals for life - coincidentally making them desperate and likely to commit more crime.

    2. Re:Where are they? by Shadow99_1 · · Score: 2

      The article didn't talk much about it at all, but I'm betting any lawyer worth being called that would have argued he had no mens rea (mental intent) to specifically message those girls. However he did have an intent to have sexual actions, which does sort of change things legally.

      As an example... A very different case, but if someone had the intent to kill a lawyer (for instance) and used a grenade through the window to effect the murder... But the lawyer was out and so the secretary died instead. Now he had no intent to kill the secretary, but because he did have the intent to kill someone... He is considered to have the mens rea required to convict him for the murder of the secretary. This is sometimes called a transfer of intent.

      It is quite likely this could have been a strong argument in a court case. The prosecution arguing for a transfer of intent and his lawyer arguing against.

      --
      we are all invisible unless we choose otherwise
    3. Re:Where are they? by Cajun+Hell · · Score: 2

      The prosecution arguing for a transfer of intent and his lawyer arguing against.

      Killing the lawyer is a crime, so intending to kill the lawyer is relevant when you end up killing the secretary by mistake. You were attempting to commit a crime, and you did.

      Fucking your (non-minor) SO is not a crime, nor is inviting your SO to fuck. You were not attempting to commit a crime, but you did.

      If there was "transfer of intent" then it should be a transfer of the intent to commit a non-criminal action.

      --
      "Believe me!" -- Donald Trump
    4. Re:Where are they? by Damouze · · Score: 2

      Even so, if you kissed a twelve year old instead of your own (adult) girlfriend because some freak of nature (let's say a wormhole swapped them out or something ridiculous like that), there should be no other consequences than your social responsibility to apologize to the girl and possbily her parents or guardians. No liability whatsoever, crininal or otherwise.

      Why? Because true accidents, in which neither party is really to blame in any way, should NEVER, EVER have repercussions that last a lifetime.

      --
      And on the Eighth Day, Man created God.
    5. Re:Where are they? by Damouze · · Score: 2

      Except that no sane person would ever feel that what he did was actually a crime.

      --
      And on the Eighth Day, Man created God.
  18. Re:Wait, what? by Anonymous Coward · · Score: 2, Informative

    13 - 14 years transport themselves, at least where I live. They use either buses or bicycle.

  19. Re:Wait, what? by silentcoder · · Score: 5, Insightful

    >No, they go to the parents who transport their children to the meetings. So I'll ask again; Why did he have the phone numbers of 13 and 14 year olds on his phone?

    Because they were 13 and 14 year old's NOT 6 and 7 year olds. That means they were high-school aged. Now I know in America you treat highschool teenagers that age as if they were babies but in the rest of the world they are allowed and indeed EXPECTED to take a modicum of responsibility for their own actions.

    Including almost CERTAINLY having to get to practise THEMSELVES using available public transport, bycicles and the like.

    My parents would have found the idea of "taking a high school kid to a sports practise" stupid beyond measure. They bought me a bike instead.

    Even aside from that - there IS such a thing as non-sexual friendships between adults and teenagers. Teens seeking advice, role models and the like - and adults who are willing to play that role, often ones in positions like coaches, guidance councillors and such who are able and willing to give good advice to difficult questions that those kids may not be as comfortable discussing with their parents.
    That's not just innocent, it's a NORMAL part of growing up and depriving kids of that thinking you're protecting them is a very good way to make them less likely to grow up into responsible adults.

    --
    Unicode killed the ASCII-art *
  20. Re:Wait, what? by Anonymous Coward · · Score: 5, Informative

    "No, they go to the parents who transport their children to the meetings."

    Kids use public transports outside the US, we're not backwards morons.

  21. Re:Daily Mail fail by fuzzyfuzzyfungus · · Score: 4, Insightful

    Second, he did send a sexual text to underaged children. That it was by accident makes it alright?

    Mens rea is sort of a thing in common law jurisdictions... It isn't an absolute/binary matter; but it has long been the case that both act and intent are what make the crime. This is why, for instance, 'negligent homicide' is different than '1st degree murder'. If you were to kill me by accident it obviously wouldn't be 'alright', I'd still be pretty dead, and depending on the circumstances you might be on the civil and/or criminal hook for some sort of negligence, recklessness, or indifference; but, yeah, you certainly wouldn't be going down on Murder 1 charges...

    Having, thankfully, not dealt with a Blackberry user interface in a while, I have no idea where on the continuum from 'freak accident, could have happened to anyone' to 'epic negligence' sending a given message to your entire address book is; but none of those places are the same as intentionally sending the message to the legally problematic recipients.

  22. Re:Wait, what? by jkflying · · Score: 3, Insightful

    These aren't kids. They are teenagers. You know, the age group where they are expected to be mature enough to look after their own life a little bit.

    --
    Help I am stuck in a signature factory!
  23. Only seen something like this once by cs668 · · Score: 2

    A woman at work was having an affair with a man in the office. She wanted to send him a sexy picture via email, she accidentally sent it to the 4th floor distribution list.

    She was gone so fast that I didn't even see her after the email, and she came back to get her things after hours.

  24. Re:Daily Mail fail by Anonymous Coward · · Score: 2, Funny

    "Second, he did send a sexual text to underaged children. That it was by accident makes it alright?"

    I hope the next time you say 'fuck you', a kid is standing right behind you.
    Then at least we won't have to read your crap for some time.

  25. Re:Wait, what? by artfulshrapnel · · Score: 4, Interesting

    This. Even as an American I had contact with my several of my teachers outside of school. They were role models and sources of advice when I was in school, and friends now that I am an adult. Heck, last time I was in town I had a beer with my old art teacher and we bitched about clients together.

  26. Re:Daily Mail fail by silentcoder · · Score: 5, Insightful

    >If I kill you by accident, that is alright then?
    Maybe. You won't be charged with murder. You MAY be charged with manslaughter. The legal test for manslaughter is: 'caused a death where a reasonable person would not'.

    So if reasonable precautions on your part would have prevented the death - and you didn't take them - then you're guilty, otherwise you are indeed innocent.
    To make up a random example. You're a forklift driver. Your forklift runs downhil while you stop for lunch, runs over a car and kills the driver. Are you guilty ? Well if you had left the handbrake off - then you are. If you had pulled it up but the brake FAILED while you were gone, then you're innocent.

    See how it works ?

    So we can apply a similar test to this accident if it helps you feel better.
    We know (and an appeals court judge has declared) based on the available evidence that there was no intent here. But was the accident excusable ? Well it depends - was it an accident a reasonable person would have been able to avoid ?
    For that one would have to look at the interface of the specific phone, the methods that led to this happening and the particular circumstances of the case. You cannot just universally make a declaration about it. There is even the possibility that this was caused by an obscure or sporadic bug in that version of the blackberry OS - that even RIM may not know about yet and NO action of his would have prevented it. Such bugs can and do happen - this site is full of programmer's we've all seen bugs like that. If that is the case (and we - and likely HE doesn't know that) then he would be completely innocent by the "reasonable person" measure.

    I sincerely doubt the Jury ever really tried to question how reasonable his actions were since they never even asked the intent question despite the strong evidence showing there wasn't any.
    Now the fact is that this question quite academic - the question of whether he had acted in a reasonable manner hasn't been answered and we don't have enough information to answer it. The appeals judge may have, and may have decided on those grounds that he did NOT take reasonable precautions to keep his sexual message away from the minors and this is why he remains guilty - but the judge DID agree the actions were without INTENT and this is why his sentence was so significantly mitigated.
    But that is just a guess - I haven't read the actual court reports so don't take this as a claim of fact, just a likely explanation of the outcome.

    --
    Unicode killed the ASCII-art *
  27. Re:Reasonable doubt by Geeky · · Score: 2

    Try hebephile for pubescent, ephebophile for the slightly older.

    --
    Sigs are so 1990s. No way would I be seen dead with one.
  28. Re:Wait, what? by Dr_Barnowl · · Score: 5, Insightful

    See a poster above - outside the USA it's very normal for children of all ages to transport themselves to places. I was catching a bus home from school by the time I was 9.

    If this guy was their swimming coach, then he had a perfectly justifiable reason for having their numbers in his phone, even if it was just so he knew which one of his team was texting him to say that she couldn't come to a training session.

    Yes, he screwed up. But it doesn't justify the offence he was convicted of, which will place him on the offenders register for a minimum of 10 years, and has therefore completely destroyed his chosen career.

    The ruination of a man's life is a hard price to pay for a social faux-pas.

  29. Why the BB logo? by Murdoch5 · · Score: 2

    This isn't a Blackberry issue, this is an issue about a slip of the finger, I think Jail was a little extreme. He didn't ask these girls for sex on purpose. Plus I'm sure he said more then just "lets have sex', there was probably some indication that it was meant for a certain person and not everyone.

  30. Re:FTA... by Rogerborg · · Score: 2

    Forget it, the Two Minute Hate has begun.

    --
    If you were blocking sigs, you wouldn't have to read this.
  31. Re:Daily Mail fail by Damouze · · Score: 2

    Jury justice is a silly form of justice anyway. Suspects should at least get the chance of a fair trial. There is no chance of that with the jury system. The person who invented the jury system was a probably a moron who liked lynchparties.

    --
    And on the Eighth Day, Man created God.
  32. Re:Daily Mail fail by Damouze · · Score: 3

    Chances are that that kid knows more about sex than any of us will ever forget.

    --
    And on the Eighth Day, Man created God.
  33. Re:Wait, what? by artfulshrapnel · · Score: 5, Insightful

    The way I see it you're actually making life more dangerous for children.

    I pose this question to males out there: You're driving down the road and see a young child, maybe 12 years old, on the side of the road. It's cold, too cold to be safely outside, and they're trying to wave you down. You don't recognize them, but they're obviously distressed. Would you stop to help?

    I, for one, would not. If it's some attention-seeking disturbed child, or just the child of some overzealous protective parents, I could wind up in jail with my life ruined for my efforts. Safer thing to do for me is pretend I never saw anything, and hope someone finds them. I'd even be nervous to call 911, because then it's "Why didn't you stop to help?" which makes me suspicious. Good luck kid, blame your parents' attitudes.

  34. Re:Wait, what? by gnasher719 · · Score: 2

    Phone number of parents is great, as they are responsible for their child (as they are still children by law). They will take the children to meets, pick them up etc. There is no need to have the child's phone number at all.

    What a sick little twisted mind you've got. So according to you, I shouldn't have the phone numbers of my grandchildren? I'll conclude that you think that you couldn't be trusted with a child's phone number.

  35. Re:Why did he have them in his address book? by awrowe · · Score: 2

    Wow, you would be absolutely terrified to find out that I have my both stepson's girlfriends on Facebook, Google Talk AND in my mobile phone contacts.

    What you are doing is applying a paradigm from decades ago topped by an unhealthy amount of fear to the modern world.

    30 years ago, you are correct, a parent would have had the telephone numbers of the other parents in the kid's social group, because 30 years ago, the kids didn't have their own phone. No both my stepsons, for all the fact they are nice kids, are absolute dildos when it comes to remembering basic administration like keeping their phones charged. It's happened enough that rather than have to rely on smoke signals and hope, I and my wife now have the phone numbers of the people they are most likely to be around so we can get in touch if we have to.

    Besides that, both of the girls are really nice kids. Personally, I'm glad I got the opportunity to see them grow up a bit as well.

    I have to agree with some of the posts above - it is entirely possible - common even, since I think it's safe to say that pedophiles are a minority - for an adult male to have a non-creepy, platonic and non-romantic relationship with minors. It's called friendship.

    --
    A.I. Research. The peculiar science in which we know the question and we know the answer, but can't show the working
  36. Re:Daily Mail fail by Dr_Barnowl · · Score: 2

    Yes, he was an idiot. But the offence he was convicted of will place him on the Sex Offenders Register for a minimum of 10 years ; he can basically kiss goodbye to his job, or any job working with minors. He probably won't even be allowed back into a swimming pool, as an "area frequented by children".

    His life has been ruined by a social faux-pas.

  37. Re:Why did he have them in his address book? by Shadow99_1 · · Score: 5, Insightful

    People like that just don't want to look at the facts. The facts are that the vast majority of pedophiles know the victim by being a family member or a friend of the family aunt or uncle). And while men are slightly more often found to be doing this sort of thing 1/3rd of pedophiles are actually women most are never convicted though and boys are far less likely to come forward if I woman makes a sexual advance).

    Yet men and more so 'strange' men who are not family friends or relatives are the targets of the publics outrage over these things. It just goes to prove how irrational most people are and how sensationalist most of the media is.

    --
    we are all invisible unless we choose otherwise
  38. Re:FTA... by dkleinsc · · Score: 2, Insightful

    Stupid liberal bitch newscaster

    Whether the newscaster was wrong or not, that was uncalled for.

    Also, Mitt Romney needs to learn how to properly tell a joke - might I suggest he sit down with Mike Huckabee or Arlen Specter?

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  39. Re:Wait, what? by dkleinsc · · Score: 4, Funny

    As far as teaching kids responsibility, one of my favorites from my sister's swim team coach:
    Kid: "My mom forgot to pack a bathing suit."
    Coach: "Is your mom on the swim team?"

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  40. Re:FTA... by SuperMooCow · · Score: 3, Informative

    But that's how they reproduce!

  41. Re:Wait, what? by Kahlandad · · Score: 5, Interesting

    I've been in a situation just as you describe.

    A month or so ago my neighbor's daughter knocked on my door. It was raining and cold and she had been locked out of her house. I have a daughter who does not live with me full time, so I let the neighbor girl in and sent her to my daughter's room to change into dry clothes and hang out until her mom to got home.

    An hour or so later her mom arrives home and was very grateful... until she learned that my daughter wasn't living with me that week. My thanks? She called the police. I wasn't arrested or charged with anything, but an officer did arrive to take statements.

    Next time her kid gets locked out, she can catch pneumonia.

  42. Re:Wait, what? by hazah · · Score: 2

    Only if your mind is in a certain gutter. The rest of us think that this is *normal*.

  43. Re:Wait, what? by sociocapitalist · · Score: 2

    >

    The ruination of a man's life is a hard price to pay for a technical faux-pas.

    If there was no intention to cause harm and there was no actual harm done then there should be no penalty or a symbolic slap on the wrist.

    --
    blindly antisocialist = antisocial
  44. Re:Why did he have them in his address book? by tilante · · Score: 5, Insightful

    I'm the father of a 13-year-old girl, and I have several of her friends' numbers in my phone. Why? Here's a few reasons:

    While my daughter has her own phone, she often forgets it or forgets to charge it. Also, she's often on restriction at her Mom's house and not allowed to have a phone there, and when she is, she simply leaves it at my house. (I have her every other week.) Thus, her friends often call me looking for her. I don't have a good memory for phone numbers, so I've saved the numbers of those who call looking for her often, along with their names, so the caller ID on my phone will show me the name instead of the number. That way, I can often answer with a simple, "Hi. She's not here, she's at her mom's" or simply hand the phone over to her to answer.

    Secondly, and relating to number one, sometimes she needs to call her friends, and doesn't have her phone. Having their numbers in my phone allows me to hand it over to her and let her call them, without having to go through the hoops of calling their parents. (Some of whom are divorced, and thus it can be a guessing game as to which parent one needs to call to reach the child.)

    (And parenthetically here, that's part of what led me to start saving the kids' numbers in the first place. After having done the game of "Oh, you need to talk to Jenny? Okay, I'll call her mom... hi, Angie, Margie needs to talk to Jenny... oh, she's with Mark? Okay, I don't have Mark's number, can you give it to me? Thanks. Hi, Mark, this is Margie's dad. Margie Andrews. She's a friend of Jenny, and she wants to ask her about... oh, she's over at Alicia's? Do you have the number there? No? Oh, Alicia has a phone? Okay, let me write that down...." two or three times a month for several months, I found it was much easier when she wanted to contact one of the other kids to just have her call that kid directly.)

    Third, when she's out with friends and has forgotten her own phone (or it's out of charge), it makes it easy for me to call and get her, since I know who she's with. Even if they've gone out walking, or have walked over to another friend's house in the neighborhood, I can still get her, since I have the numbers of people she's actually physically with.

    Now, I don't go around asking for these kids' phone numbers -- I just tag them with their names after they've called me, or save them after I've been given their number and had to call them. (I'd hope by now that in a world of Caller ID, all parents are teaching their children that if you don't want someone to have your number, you shouldn't call them directly.)

    I also have the phone numbers of a few older teens who are in my weekly D&D group that meets at a gaming store. I'm the GM, so people have given me their numbers so I can let them know if I'm not going to be able to make it for some reason, or if I'm going to be late, or for similar things. Some of their parents I know; some of them I don't, since these are high school kids who have their own cars and get around on their own. I'd actually prefer to use email for that, since I usually know well in advance, but one of them especially checks her email very rarely, but always gets texts -- and, of course, sometimes I don't know I'm going to be running late until only an hour or so before the game, and many people don't check their email that often. (Usually in that case I actually just text two of the people, and ask them to text everyone else... but one of those is the girl who's the social hub of the teen group.)

  45. Re:Wait, what? by Kokuyo · · Score: 2

    I'd not even call this a social faux-pas. It would be that if he had texted a coworker his wish for her to please him sexually, NOT KNOWING that such a behaviour was inappropriate.

    This guy merely clicked a wrong button. I mean, hell, has the judge never hit the wrong button in an elevator? Never dialed the wrong number?

  46. Well known English legal principle by Kupfernigk · · Score: 5, Insightful
    Try to go before a judge if you're innocent, a jury if you're guilty. And if you didn't do it and go before magistrates, try and get the trial committed to go before a judge.

    British juries are about as intelligent as American juries, however British judges are not political appointments and so don't have to grandstand to keep their jobs.

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
    1. Re:Well known English legal principle by show+me+altoids · · Score: 3, Informative

      Your statement only applies to Federal judges. Most judges that would hear a criminal case are not Federal judges.

      --
      I feel sorry for people that don't drink, because when they get up in the morning, that's as good as they're gonna feel
    2. Re:Well known English legal principle by Grishnakh · · Score: 2

      Here in Arizona, our judges are elected (or at least, they have to get enough votes in the election to keep their jobs; I think the initial term is an appointment). So if a judge does anything highly unpopular, it's quite possible someone could campaign to vote "no" on that judge keeping their job. It hardly ever happens though.

  47. Re:Wait, what? by misexistentialist · · Score: 3, Insightful

    Next time her kid gets locked out, she can catch pneumonia.

    Piss off the little girl and you could be even more fucked now that her mom has shown her what's possible.

  48. Re:Wait, what? by sumdumass · · Score: 4, Insightful

    Are you sure about that? Sentencing someone to 18 months in prison for a mistakenly sent text?

    I think I would temper the condescending tone a bit. The reason why kids get driven to events in the US is largely because they are far away and too close together to school or other obligations to make it on public transportation and/or a bike in time. There is also the problem of early sunsets in the winter time (when school is in session) where a lot of sports events are held after dark making riding a bike a bit dangerous. We also aren't crammed into boxes living assholes to elbows from each other like a lot of people are in Europe..

      Besides, this is all pointless because the coach probably asked for a contact number and the kids gave him their cell numbers instead of the home phone or their parent's cell number. At least with the kid's number, they didn't have to worry about if Dad or Mom was taking them or if they were riding with someone else or whatever could happen when you can't contact someone directly.

  49. Re:Daily Mail fail by badfish99 · · Score: 4, Insightful

    IANAL, but: intent may be irrelevant in this case. The current fashion is to make so-called "strict liability" laws, especially in the area of "child protection". For example, in the UK, if there are child-porn pictures on your computer, then you are guily of an offence, regardless of how they got there. I don't know, but the same may apply in this case.

    The beauty of this is that it allows the police to arrest people like this unfortunate person and put them in jail without all the tedious arguments about whether they intended do harm or whether it was an accident. A jury will be told "if he sent the message then he is guilty, even if it was a mistake".

    Indeed, it is even possible for a policeman to force someone to do something against their will, and then arrest them for it. Google the case of "Winzar (1983)" if you don't believe me.

  50. In the interest of pedantics by Anonymous Coward · · Score: 2, Informative

    Pedophilia is a sexual preference for prepubescent children. Sexual preference for young adolescents is hebephilia.

  51. The relevant law is the sexual offences act 2003. by queazocotal · · Score: 4, Informative

    http://www.legislation.gov.uk/ukpga/2003/42/contents
    The relevant section is http://www.legislation.gov.uk/ukpga/2003/42/section/10
    "Causing or inciting a child to engage in sexual activity

    (1)A person aged 18 or over (A) commits an offence if—
    (a)he intentionally causes or incites another person (B) to engage in an activity,
    (b)the activity is sexual, and
    (c)either—
    (i)B is under 16 and A does not reasonably believe that B is 16 or over, or
    (ii)B is under 13.
    (2)A person guilty of an offence under this section, if the activity caused or incited involved—
    (a)penetration of B’s anus or vagina,
    (b)penetration of B’s mouth with a person’s penis,
    (c)penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
    (d)penetration of a person’s mouth with B’s penis,is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
    (3)Unless subsection (2) applies, a person guilty of an offence under this section is liable—
    (a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
    (b)on conviction on indictment, to imprisonment for a term not exceeding 14 years."

    "would you fuck me" - is clearly inciting penetration, so you can do up to 14 years for this.

    This is _NOT_ a strict liability offence.
    The jury must have had reason to believe that he intended to do this.
    Doing it by accident _CANNOT_ lead to a conviction, unless the judge misdirects them.
    For example - if he'd directed that because he intended to send it to one person on the list, that intent carried over to the unintended recipients.

    Indeed, I can't seem to see any 'strict liability' offences in the act.
    I may have missed some.
    At a minimum you need to have intended the action and not known the other party was underage.

  52. Who uses SMS for that? by damn_registrars · · Score: 2

    Really, if you are in a sexual relationship, you could at least have the courtesy to ask for sex in person. SMS has all the warmth of a late postcard.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  53. Re:Wait, what? by NatasRevol · · Score: 2

    My kid is on a hockey team.
    All the parents and coaches have the contact info of all the parents, AND all the kids who have phones.
    Because sometimes other parents take kids to games/practices.
    This is on an 11/12 yr old team.
    This is normal.

    As for your point why those two? Probably because all the others on the team were 16. These two kids were 'swimming up' ie the best at their age, so they compete against the older kids. Same on my kid's hockey team. There's one 10 yr old. We have his phone number too.

    --
    There are two types of people in the world: Those who crave closure
  54. Re:Daily Mail fail by Chrisq · · Score: 4, Funny

    If I'm driving down a 2-lane highway and have a catastrophic failure in a tire that causes my car to spin out, cross the center line, hit your car killing you... is that really my fault? What if it was a piece of debris in the road that caused the tire to fail?

    No you would get off with that. If at the same time a notebook on your passenger seat with an intimate letter to your wife flew out of the window and landed on my teenage daughter's lap then you'd end up doing time.

  55. Re:Wait, what? by nightfire-unique · · Score: 3, Interesting

    Ah, don't let her mother's illness hurt her child.

    If it happens again, when she shows up, call the police to explain that she's there, and you're caring for her until her mother returns. You're on record, and hey - there's a chance that the child will remember it, and grow up without inheriting her mother's sexual psychosis.

    --
    A government is a body of people notably ungoverned - AC
  56. Re:Wait, what? by Anonymous Coward · · Score: 5, Insightful

    Next time the kid gets locked out call the cops about a neglected child locked out of her home.

  57. Re:Why did he have them in his address book? by nightfire-unique · · Score: 4, Insightful

    I'm the father of a 13-year-old girl, and I have several of her friends' numbers in my phone. Why? Here's a few reasons:

    Thanks for taking the time to post an explanation, but throughout reading it all I could think of is:

    It is precisely no one's business but your own.

    The sexual-psychosis-fueled witch hunt has reached new levels when people feel they need to justify the presence of phone numbers in their contact list. Have the Western taliban really made this much progress towards paranoid dystopia?

    --
    A government is a body of people notably ungoverned - AC
  58. Re:Wait, what? by quacking+duck · · Score: 2

    This isn't hypothetical. I remember a news article a few years back (can't find it online, so my memory here might be slightly off) about a little girl who drowned in a river or lake near a road in the UK. The girl had wandered off from the parent's cottage or something. A man had been driving by and thought it unsafe that the child was alone in the field, so close to water.

    He drove on without reporting it right away (might not have had a cell phone). After the story broke that the girl had drowned he came forward and said he didn't stop precisely because he feared his life could be ruined by a hysterical accusation of child abduction or molestation.

    After this admission, public opinion basically ripped him apart for not stopping to prevent a tragic death.

    Basically, the only thing he did differently from what you'd do, is that he didn't keep quiet after learning of the drowning. He may have been a decent human being and felt guilty about not helping, but being a decent human would've screwed him over regardless.

  59. That is the STUPIDEST thing I have ever heard by SuperKendall · · Score: 2

    The point is that it offers him plausible deniability as a fishing expedition - send it out and if one of the teen girls replies then he's got what he wanted

    And do to that you would send a request for sex to your mom, your DAD, all your co-workers, your banker, your accountant, your SISTER, etc???

    That is the dumbest theory I have ever heard. It's like "fishing" with an atom bomb, where not even the water or your own boat are left at the end of the process.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  60. That jury belongs in jail by Timmy+D+Programmer · · Score: 2

    As an IT person I see stupid mistakes all the time, we are people, it happens, no biggie. So to jail someone for what anyone could do by accident is unconscionable.

    --


    (If at first you don't succeed, do it different next time!)
  61. Re:Wait, what? by Anonymous Coward · · Score: 3, Interesting

    true story,

    young teenage girl standing at the corner going to cross the street with headphones on.
    she steps off the curb, and would have been killed.

    well-meaning 30-something guy pulls her back from the road a fraction of a second before she gets killed.

    girl is grateful, what does the guy get for his good deed?

    he was charged with sexual assault, put in jail, and is now marked for the rest of his life as a sex offender.

    so as hard as it would be, if I ever was in a situation like that, I'm sorry, you're kid is dead...

  62. "Causing death by dangerous driving" by westlake · · Score: 3, Informative

    I would bet if he had accidentally killed those two girls with his car, he would have gotten less jail time.

    It is a bet you might very well lose:

    Sentencing

    A person convicted of causing death by dangerous driving is liable to imprisonment for a term not exceeding fourteen years. Disqualification for a minimum of two years is obligatory on conviction. Endorsement is obligatory on conviction. The offense carries three to eleven penalty points (when the defendant is exceptionally not disqualified).

    The Court of Appeal in R v Cooksley and others gave guidelines for cases where death is caused by dangerous driving. In R v Richardson the Court of Appeal reassessed the starting point set out in R v Cooksley taking into consideration the increase in the maximum penalty. The relevant starting points identified in Cooksley should be reassessed as follows:

    i) No aggravating circumstances --- twelve months to two years' imprisonment (previously 18 months);
    ii) Intermediate culpability --- two to four and a half years' imprisonment (previously 3 years);
    iii) Higher culpability --- four and a half to seven years' imprisonment (previously 5 years);
    iv) Most serious culpability --- seven to fourteen years' imprisonment (previous starting point of 6 years).

    Causing death by dangerous driving

  63. Re:Daily Mail fail by cheekyjohnson · · Score: 2

    That it was by accident makes it alright?

    Are you serious? Yeah, I'm sure that text scarred them for life. They're as good as dead!

    --
    Filthy, filthy copyrapists!
  64. Could have been worse by ugglybabee · · Score: 2

    Well, he's lucky he wasn't in the US. Even after he got out, we would have put his name and picture on a public registry, made him stay a hundred yards away from all schools and playgrounds, and monitored his movement with GPS... AFTER he got out of prison.

  65. Re:Daily Mail fail by gutnor · · Score: 4, Interesting

    I did google - ended up here. This is scary beyond belief. I don't even know how that can be called justice. I know that is not at the same scale but that certainly put our outrage against some aspect of justice in other countries in perspective.

  66. Re:FTA... by hairyfeet · · Score: 2

    Dude if you think Coulter isn't batshit you should watch that debate on YouTube with her against Al Franken, where he takes a page from her book he said he picked at random while waiting for his wife to put on her makeup and shows how badly she warps everything she says to fit her agenda. The passage he picked was a dem trying to make a "modest proposal" of how we could solve all the airport problems if we were just all nekkid, no need for the TSA to grab your junk if its right there after all.

    A sane person, especially one as supposedly educated as Coulter is supposed to be, would know what "A Modest Proposal" meant and that anything said in that vein was strictly satire to point out the insanity of a situation, yet Coulter attacked like a rabid pit bull how the left was "gonna make an attack on the believers by making them get nekkid" or some shit. Even the audience was laughing at the way the crazy woman was trying to make flaming hoops to jump through to try to defend herself over her book, and that's just sad. She ended up just trying to shout down Franken every time he tried to speak, even though he quietly let her ramble all she wanted, because she knew if he opened his mouth she'd look like an idiot again. just sad.

    And Palin? Let me ask you just ONE question...would you trust Caribou Barbie to have her hand on the button? I sure as hell wouldn't. Not her, not Cain, not Bachmann, and sure as hell not Trump. Finally as for Paul? He's NOT sane, he just has a few sane ideas, such as auditing the fed. You read his platform and it would pretty much end up an Ayn Rand version of paradise, which would be hell for anyone who isn't a 1%er. Hell even HE was shocked at how quickly the Randites in his own party screamed "LET HIM DIE!" when he asked what should happen to the young man who is hurt and needs an operation but doesn't have the money. The ugly little secret of libertarianism is that it would be heaven for the 1%, a living hell for everyone else. I have been told with a straight face that a relative that is under 50 and requires a $100K a year medication to have a quality of life worth living should be put down like a dog because 'If he or his relatives can't pay for it why should I?" and that is libertarianism in a nutshell..pure GREED and ZERO empathy for the suffering of those not given a golden spoon by accident of birth like Romney or who luck into being in the right place at the right time like Gates.

    What we NEED is a third party, talking with folks frankly most are right on foreign policy but VERY left when it comes to helping the weak among their fellow Americans, but our supposed "left wing party" is frankly right wing, its just our right wing has gone so far right it makes Attila the Hun look like a socialist by comparison. the nuts took over the nuthouse, that's why you don't see fiscal conservatives anymore, its all batshit loonies.

    --
    ACs don't waste your time replying, your posts are never seen by me.